Tuesday, 02 January 2024 12:17 GMT

Delhi BMW Crash: Accused's Lawyer Cites '5,000 Accidents Annually' Court Denies Bail


(MENAFN- AsiaNet News)

A Delhi court on Wednesday extended the judicial custody of Gaganpreet Kaur, the woman driving the BMW involved in a crash that killed senior Finance Ministry official Navjot Singh. The incident happened in Dhaula Kuan, New Delhi on Sunday and left Navjot Singh dead and his wife injured. The court has now extended accused Gaganpreet's custody until September 27.

Bail plea and CCTV footage hearing scheduled

The court also issued a notice about Gaganpreet Kaur's plea seeking to preserve the accident's CCTV footage. The hearing for this plea will take place on Thursday. Additionally, the arguments related to her bail request were heard, and the matter has been scheduled for Saturday.

Senior advocate argues case is an accident, not homicide

Senior advocate Ramesh Gupta, representing Gaganpreet Kaur, told the court that the incident should be treated as a simple accident. He argued that there was no need to apply severe charges related to culpable homicide not amounting to murder. The lawyer called the accident "unfortunate" but said 5,000 accidents happen every year without severe legal consequences, reported The Times of India.

Ramesh Gupta questioned why no action was taken against the DTC bus, which the police said was struck by a two-wheeler after being hit by the BMW. He further mentioned that an ambulance passed the accident site but did not assist the victims.

Prosecution claims evidence tampering and suspicious behaviour

The prosecution strongly opposed the bail plea. They claimed there was evidence tampering. They raised questions about why the injured victim was taken around 19 kilometers away from the accident site to a hospital in North Delhi. They argued that this distance raised suspicion about the accused's intentions.

The prosecution also pointed out that the accused was admitted to the ICU despite not having serious injuries, while the victim received minimal treatment. They argued this raised doubts about the driver's behaviour after the accident.

Defence claims investigation is incomplete and biased

Gaganpreet Kaur's lawyer also raised issues with the police investigation. He said the case diary was not paginated, which is required by law. He suggested that the DCP (Deputy Commissioner of Police) who gave an interview should be made a witness.

The lawyer argued that the police claim about the accused taking the injured far away to a hospital did not justify applying Section 304 of the Indian Penal Code (IPC), related to culpable homicide not amounting to murder.

He also said that two witnesses were present at the accident site and should be made part of the investigation. The lawyer demanded a fair investigation.

Victim's family opposes bail

The family of the victims, through their advocate Atul Kumar, strongly opposed the bail plea. They said that Gaganpreet Kaur took the injured person to a hospital known to her family, rather than the nearest one, which raised serious questions.

The family's counsel stated that the victim was carried on a stretcher, and the accused was admitted to ICU even though her injuries were not serious. He also asked why the accused did not call for an ambulance or inform the police at the time of the accident.

Husband's statement supports accused's version

Gaganpreet Kaur's husband, Parikshit Kakkar, was also questioned by the Delhi Police. He told the police that he did not understand how the accident happened. Parikshit said that his wife told him she was taking the injured to the hospital. He added that he informed his father-in-law about this and then left in a taxi to the hospital himself.

The police will now check Parikshit's statement and other evidence to verify the sequence of events.

Court to hear CCTV preservation plea

The court will hear the plea to preserve the CCTV footage of the accident scene tomorrow. This is important because the footage may hold key details about the crash and the events that followed.

This case is still under active investigation. The police are collecting evidence and witness statements. The final decision on Gaganpreet Kaur's bail will be taken after examining all facts carefully. The court's next hearing is scheduled for Saturday.

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